Meet and Confer with Kelly Twigger

64 Episodes

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The Discovery Timing Trap

2026-10-2128:59

You can do everything “right” on relevance and still lose the evidence that proves your case. That’s the uncomfortable lesson from FTC v. Uber Technologies, where the court looks at a massive transaction-level data request, calls it “a doozy,” agrees it’s relevant, and then denies it because of timing, burden, and the realities of the final weeks of fact discovery. We walk through the Uber One allegations and why the plaintiffs wanted granular structured data, including ride and Uber Eats fi...

When Your Client’s ChatGPT History Proves Intent for Sanctions

2026-10-1532:19

Your clients are already using AI to fact-check you, test defenses, and workshop their next move and they’re doing it on their phones with a timestamp. That means generative AI chat history is no longer a novelty in e-discovery. It’s ESI that can show intent, knowledge, and credibility, and a judge may end up reading it line by line. We break down Conlin Tire Company v Gonzalez, a non-solicitation dispute where the entire case turns on whether an agreement was signed and returned by email. D...

Why Signal Is the Most Dangerous Source of ESI You Need to Understand

2026-09-2331:49

Disappearing messages feel like a convenience until a court treats them as spoliation. We walk through the Delaware Court of Chancery’s May 27, 2026 ruling from the N-Ray World Wrestling Entertainment merger litigation, where key executives used Signal and repeatedly shortened auto-delete windows after receiving explicit litigation holds. The decision is a masterclass in how timing drives everything: when the duty to preserve arises, when a legal hold is issued, and how retention changes line...

When The AI Product Becomes The Evidence

2026-09-0918:19

The evidence you need from an AI company might not be emails, chats, or a handful of prompt screenshots. It might be the machinery behind the product: the retrieval index, the operational database, and the logs that capture every interaction at scale. That shift changes what you ask for, how you scope it, and how you argue proportionality when the data volumes get huge. We walk through Encyclopedia Britannica and Merriam-Webster v Perplexity AI, a Southern District of New York decision...

When Gen AI Outputs are the Evidence

2026-08-2644:27

Your case doesn’t have “documents.” It has a database full of everything a system ever generated and no sane way to collect or review it all. That’s the discovery problem generative AI is creating, and it’s why the Disney v Midjourney orders are worth reading line by line if you draft ESI protocols, negotiate protective orders, or litigate proportionality fights around prompt logs and AI outputs. We break down a statistical sampling protocol built for prompts and outputs at massive scale, in...

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